Motorsport questions

Summary

A request for financial details regarding the Isle of Man Motorsport Development Group and the 2017 TT/MGP events was partially fulfilled, with specific expense figures provided but individual salaries withheld due to data protection exemptions.

Key Facts

• Total annual expenses claimed by the Motorsport Development Group in the last financial year were £1,978.25.
• Individual salaries for the motorsport team were withheld as they constitute personal data under Section 25(2) of the Freedom of Information Act 2015.
• The motorsport team consists of fewer than ten staff members ranging from AO to SEO grade.
• Prize money details for the 2017 TT are publicly available in the event regulations.
• Specific figures for rider appearance fees and travel allowances for the 2017 Festival were incomplete at the time of the response.

Data Disclosed

• £1978.25
• 2017-08-14
• 2017-10-06
• fewer than ten staff
• AO to SEO grade
• Section 25(2)
• Data Protection Act 2002

Exemptions Cited

• Section 25(2) of the Freedom of Information Act 2015 (Absolute exemption for personal data)
• Data Protection Act 2002 (Fairness and lawfulness of disclosure)

Data Tables (1)

Full Response Text

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Our Ref: IM99082I

Date: 6 October 2017

Dear

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 14 August 2017. Your request Your request was as follows: “1. Please provide total annual expenses and salaries of full and part time members of the Motorsport Development Group as at end of last financial year 2. Please provide total prize money for 2017 TT & MGP/Festival of Motorcycling 3. Please provide total start money and rider's expenses for 2017 TT & MGP/Festival of Motorcycling 4. Please provide cost of security for 2017 TT & MGP/Festival of Motorcycling in relation to TT Grandstand, Nobles Park, Nobles Campsite and footbridges crossing the circuit 5. Please provide costs of portable toilets used in connection with 2017 TT and MGP/Festival of Motorcycling 6. Please provide total costs of work carried out in Nobles Park in relation to the 2017 TT and MGP Festival of Motorcycling. By that I don't mean temporary structures. 7. During the 2017 TT and MGP/Festival of Motorcycling, do the users of the Nobles Park Campsite pay for the facility? If so what are the total of receipts? If not, what is the cost of providing the facility?”

Response to your request

“1. Please provide total annual expenses and salaries of full and part time members of the Motorsport Development Group as at end of last financial year.”

Department of Economic Development Rheynn Lhiasaghey Tarmaynagh

Steven Tallach Freedom of Information Co-ordinator 1st Floor St Georges Court Upper Church Street Douglas Isle of Man IM1 1EX

Telephone: (01624) 685375 Website: www.gov.im/ded Email: steven.tallach@gov.im

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In terms of total annual expenses, in the last financial year the total amount was claimed was £1978.25. This does not include corporate credit or payment cards that may be issued and used by staff in accordance with the terms of issue.

The figure may include recovery of travel and other expenditure paid initially directly by a member of the team and recovered at a later date through payroll. Other official trips may be paid directly by DED.The above includes mileage claims for use of own vehicles.

Payment is subject to receipt of proof of payment and could include payment for a very wide range of matters. It should be noted that the staff of the team are subject to the subsistence allowances as approved by Tynwald for Members of Tynwald, Officials, members of the Isle of Man Civil Service and other such persons as the Treasury may direct in respect of absences on official business. The allowances can be found here: http://www.tynwald.org.im/business/opqp/sittings/20112014/2012-GC-0036.pdf

In terms of salaries of full and part time members of the motorsport team, you can find information on pay scales here: https://www.gov.im/hr/iompsc/cs_regs/annexes/annexc1.xml

The motorsport team is a small team of fewer than ten staff which at the time of the request ranged from AO to SEO grade.

In this instance, however, we are unable to provide the exact detail of the information that you have requested because an exemption under section 25(2) of the Freedom of Information Act 2015, absolutely exempt personal data, applies.

The Department considers that the individual salaries of the members of the motorsport team amount to personal data for the purposes of the Data Protection Act 2002. Personal data can only be released, in these circumstances, where it would be fair and lawful to do so and where it would comply with one of the Schedule 2 conditions within that Act. The Department considers that disclosure of this information would not be fair and therefore does not need to continue to consider whether it would be lawful or whether any Schedule 2 conditions would be met. In assessing the fairness of disclosure the Department has considered the following factors:

 that an individual has a general expectation that the level of their salary will remain private. Disclosure of this information would contravene that expectation and cause an intrusion into the privacy of the data subject which may lead to distress;

 the Motorsport team is a small team and even releasing details of grades alongside the pay scales may lead to the exact salaries of individuals within the team being identified. Members of the team are not of sufficient seniority to warrant such disclosure;

 there is no legitimate interest in disclosure of figures that are not already met by the information disclosed above in response to this request.

“2. Please provide total prize money for 2017 TT & MGP/Festival of Motorcycling”

Prize money is only offered in the case of the TT and the information is publicly available in the 2017 TT regulations which can be found here (see section 10): https://www.iomtt.com/~/media/Files/2017/Downloads/TT_Regulations_2017_0206.pdf Page 3 of 5

“3. Please provide total start money and rider's expenses for 2017 TT & MGP/Festival of Motorcycling”

Rather than “start money” certain teams and competitors are paid appearance fees and travel allowances. The figures for the 2017 Festival may not be complete at the end of August 2017. A number of teams are paid under annual contracts which include appearances at the Press Launch,TT, Festival and Bike Show and these usually run for calendar years. It is not always possible to break those elements out as they are negotiated as a package.

In 2016/17 the actual paid in respect of appearance fees and travel allowances was recorded in Governments Accounts as £1,145,504. In respect of 2017/18 to date the equivalent figure is £694,108 to the end of August 2017.

Further information on riders’ travel allowances can be found in the TT Regulations (see section 10) and in Appendix C of the Festival of Motorcycling Regulations: https://www.iomtt.com/~/media/Files/2017/Downloads/TT_Regulations_2017_0206.pdf https://www.iomtt.com/~/media/Files/2017/Classic-TT/Regs/FOM_Regulations-2504.pdf “4. Please provide cost of security for 2017 TT & MGP/Festival of Motorcycling in relation to TT Grandstand, Nobles Park, Nobles Campsite and footbridges crossing the circuit.”

“5. Please provide costs of portable toilets used in connection with 2017 TT and MGP/Festival of Motorcycling.”

In the case of the information requested in both 4 & 5 above, the Department considers that this information should be withheld, on the basis of section 30(2)(b), that “Disclosure of the information would, or would be likely to, prejudice the commercial interests of a person (including the public authority holding it).”

We consider the exemption applies in both cases as provision of security and the portable toilets is through a commercial contract which is subject to tender. The next tender exercise will take place in 2018. Release of the amounts paid to the service provider could compromise the Department’s ability to effectively undertake another such tender exercise by allowing rival companies access to the information and therefore adversely affect the Department’s ability to get the best value deal in the next tender exercise, which is due to take place in 2018. Release of the amounts paid for this service could compromise the ability to effectively undertake another such tender exercise by allowing rival companies access to the information. This will adversely affect the Department’s ability to get the best value deal in future tender exercises. Release of the information is also likely to harm the commercial interests of the provider by enabling other businesses to underbid in the next tender exercise. As section 30(2)(b) is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosing the information include:  transparency and showing how much money is spent by the public sector;  promoting good decision making;

Factors in favour of maintaining the exemption include:  Enabling the Department to obtain value for money services; Page 4 of 5

 Releasing the amount paid to the providers may put the company off from bidding for work for the Department, and indeed may put other companies off from bidding for contracts if they know that the amounts they are paid will be released.

In assessing the weight to be attributed to each of the factors in favour of disclosing the information and maintaining the exemption, the Department has taken the following into consideration:  disclosure could severely impact on the Department’s and the providers’ ability to be competitive in the market place which could have further ramifications by reducing the size and effectiveness of the market and those who are willing to provide such services to the Department;  the information is current and will be subject to a retendering exercise at some point in the future - disclosure could distort this;  the Department does not routinely publish such information;  there is no misinformation in the public that warrants disclosure; In taking all of these factors into account the the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

“6. Please provide total costs of work carried out in Nobles Park in relation to the 2017 TT and MGP Festival of Motorcycling. By that I don't mean temporary structures.”

“7. During the 2017 TT and MGP/Festival of Motorcycling, do the users of the Nobles Park Campsite pay for the facility? If so what are the total of receipts? If not, what is the cost of providing the facility?”

In the case of both question 6 & 7 , we do not record the information in a way that allows us to answer these questions.

Under section 11(3) practical refusal reason (b) of the Act referencing s8(3), the Act states that “a public authority is not required to create or derive information from the information that it holds; undertake research into, or analysis of, information that it holds; or undertake substantial compilation or collation of information that it holds”.

The campsite is made available free for users. The Department supports utility charges and cleaning facilities and the overall site is leased from Douglas Borough Council. However the cost of providing the campsite is not identified separately from the costs for the overall site.

Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to me at the above address. An electronic version and paper version of our complaint form can be found by going to our website. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; Page 5 of 5

1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or

2 Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: www.inforights.im/ Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about Freedom of Information requests can be found www.gov.im/foi.

Yours sincerely

Steven Tallach Freedom of Information Co-ordinator